{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-303.html"}],"law_id":57472,"edition_id":1,"section_id":57472,"structure_id":13893,"section_number":"51.1-303","catch_line":"Creditable service","history":"1970, c. 779, \u00a7 51-163; 1973, c. 546; 1974, c. 484; 1976, c. 654; 1977, c. 620; 1986, c. 474; 1990, c. 832; 1992, c. 811; 1994, cc. 821, 899; 2000, c. 911; 2004, c. 672; 2010, cc. 737, 738; 2014, c. 776; 2023, c. 346.","full_text":"A\n\nFor those members in service on December 31, 1994, service as a judge shall be multiplied by a factor of 3.5, the weighted years of service factor, to calculate years of creditable service. To calculate years of creditable service for those members appointed or elected to an original term commencing on or after January 1, 1995, service as a judge shall be multiplied by the weighted years of service factor of 2.5. To calculate years of creditable service for those members appointed or elected to an original term commencing on or after July 1, 2010, the following formula shall be used: if (i) the member was less than 45 years old at the time he was appointed or elected to such original term, then service as a judge shall be multiplied by the weighted years of service factor of 1.5, (ii) the member was at least 45 years old but less than 55 years old at the time he was appointed or elected to such original term, then service as a judge shall be multiplied by the weighted years of service factor of 2.0, and (iii) the member was at least 55 years old at the time he was appointed or elected to such original term, then service as a judge shall be multiplied by the weighted years of service factor of 2.5. For purposes of this section, “original term” means the first term for which the member was appointed or elected to a position covered by the Judicial Retirement System.B\n\nService qualifying for credit under the provisions of the Virginia Retirement System, the State Police Officers’ Retirement System, and the Virginia Law Officers’ Retirement System shall be included as creditable service for the purposes of this chapter, provided the requirements of those systems for crediting service have been complied with. Service purchased in accordance with the provisions of § 51.1-142.2 shall not be considered in determining the actuarial equivalent for early retirement nor shall it be considered twice in determining any disability allowance payable under this chapter.C\n\nIf a member ceases to be a judge, has not received a refund of the accumulated contributions credited to his member’s contribution account, and accepts employment in a position covered by a “retirement plan administered by the Virginia Retirement System” as defined under § 51.1-124.3, he shall be entitled to credit for his previous creditable service under this chapter. The amount of service transferred to the credit of the member in such other retirement plan shall not exceed the amount of credit which would provide a benefit of 78 percent of average final compensation determined on the assumption that the member was eligible for normal retirement as of the date of transfer and that he had elected no optional allowance. Future retirement rights shall be as provided under the applicable retirement plan. However, the annual retirement allowance payable to such person accepting employment in a position covered by any other retirement plan administered by the Virginia Retirement System shall not exceed 78 percent of the person’s average final compensation, unless the person has been credited with five or more years of creditable service under such other retirement plan for service performed after ceasing to be a judge. In no case shall the annual retirement allowance payable to such person exceed 100 percent of his average final compensation.D\n\nThere shall be subtracted from any creditable service the entire amount of time during which a judge is absent from his duties for a period of greater than three months, unless that absence is due to a medical condition, disability, active duty military leave, or family emergency and the existence of the medical condition, disability, active duty military leave, or family emergency is documented in a written communication signed under penalty of perjury by the judge or other authorized representative and submitted promptly to the Virginia Retirement System and the Executive Secretary of the Supreme Court of Virginia.","order_by":null,"text":{"0":{"id":210563,"text":"For those members in service on December 31, 1994, service as a judge shall be multiplied by a factor of 3.5, the weighted years of service factor, to calculate years of creditable service. To calculate years of creditable service for those members appointed or elected to an original term commencing on or after January 1, 1995, service as a judge shall be multiplied by the weighted years of service factor of 2.5. To calculate years of creditable service for those members appointed or elected to an original term commencing on or after July 1, 2010, the following formula shall be used: if (i) the member was less than 45 years old at the time he was appointed or elected to such original term, then service as a judge shall be multiplied by the weighted years of service factor of 1.5, (ii) the member was at least 45 years old but less than 55 years old at the time he was appointed or elected to such original term, then service as a judge shall be multiplied by the weighted years of service factor of 2.0, and (iii) the member was at least 55 years old at the time he was appointed or elected to such original term, then service as a judge shall be multiplied by the weighted years of service factor of 2.5. For purposes of this section, “original term” means the first term for which the member was appointed or elected to a position covered by the Judicial Retirement System.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210564,"text":"Service qualifying for credit under the provisions of the Virginia Retirement System, the State Police Officers’ Retirement System, and the Virginia Law Officers’ Retirement System shall be included as creditable service for the purposes of this chapter, provided the requirements of those systems for crediting service have been complied with. Service purchased in accordance with the provisions of § 51.1-142.2 shall not be considered in determining the actuarial equivalent for early retirement nor shall it be considered twice in determining any disability allowance payable under this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210565,"text":"If a member ceases to be a judge, has not received a refund of the accumulated contributions credited to his member’s contribution account, and accepts employment in a position covered by a “retirement plan administered by the Virginia Retirement System” as defined under § 51.1-124.3, he shall be entitled to credit for his previous creditable service under this chapter. The amount of service transferred to the credit of the member in such other retirement plan shall not exceed the amount of credit which would provide a benefit of 78 percent of average final compensation determined on the assumption that the member was eligible for normal retirement as of the date of transfer and that he had elected no optional allowance. Future retirement rights shall be as provided under the applicable retirement plan. However, the annual retirement allowance payable to such person accepting employment in a position covered by any other retirement plan administered by the Virginia Retirement System shall not exceed 78 percent of the person’s average final compensation, unless the person has been credited with five or more years of creditable service under such other retirement plan for service performed after ceasing to be a judge. In no case shall the annual retirement allowance payable to such person exceed 100 percent of his average final compensation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":210566,"text":"There shall be subtracted from any creditable service the entire amount of time during which a judge is absent from his duties for a period of greater than three months, unless that absence is due to a medical condition, disability, active duty military leave, or family emergency and the existence of the medical condition, disability, active duty military leave, or family emergency is documented in a written communication signed under penalty of perjury by the judge or other authorized representative and submitted promptly to the Virginia Retirement System and the Executive Secretary of the Supreme Court of Virginia.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13893,"edition_id":1,"name":"Judicial Retirement System","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:46:13","date_modified":"2026-06-26 03:46:13","permalink":{"id":235997,"object_type":"structure","relational_id":13893,"identifier":"3","token":"51.1\/3","url":"\/51.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73479,"structure_id":13893,"section_number":"51.1-300","catch_line":"Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System","url":"\/51.1-300\/","token":"51.1\/3\/51.1-300","metadata":false},{"id":68180,"structure_id":13893,"section_number":"51.1-301","catch_line":"Definitions","url":"\/51.1-301\/","token":"51.1\/3\/51.1-301","metadata":false},{"id":73859,"structure_id":13893,"section_number":"51.1-302","catch_line":"Membership in retirement system","url":"\/51.1-302\/","token":"51.1\/3\/51.1-302","metadata":false},{"id":57472,"structure_id":13893,"section_number":"51.1-303","catch_line":"Creditable service","url":"\/51.1-303\/","token":"51.1\/3\/51.1-303","metadata":false},{"id":74635,"structure_id":13893,"section_number":"51.1-304","catch_line":"Contributions by Commonwealth","url":"\/51.1-304\/","token":"51.1\/3\/51.1-304","metadata":false},{"id":78359,"structure_id":13893,"section_number":"51.1-305","catch_line":"Service retirement generally","url":"\/51.1-305\/","token":"51.1\/3\/51.1-305","metadata":false},{"id":71752,"structure_id":13893,"section_number":"51.1-306","catch_line":"Service retirement allowance","url":"\/51.1-306\/","token":"51.1\/3\/51.1-306","metadata":false},{"id":74234,"structure_id":13893,"section_number":"51.1-306.1","catch_line":"Service retirement allowance for judges appointed or elected after January 1, 2014","url":"\/51.1-306.1\/","token":"51.1\/3\/51.1-306.1","metadata":false},{"id":54931,"structure_id":13893,"section_number":"51.1-307","catch_line":"Notice of disability retirement","url":"\/51.1-307\/","token":"51.1\/3\/51.1-307","metadata":false},{"id":84690,"structure_id":13893,"section_number":"51.1-308","catch_line":"Disability retirement allowance","url":"\/51.1-308\/","token":"51.1\/3\/51.1-308","metadata":false},{"id":79242,"structure_id":13893,"section_number":"51.1-309","catch_line":"Appearance as counsel in certain forums prohibited","url":"\/51.1-309\/","token":"51.1\/3\/51.1-309","metadata":false}],"previous_section":{"id":73859,"structure_id":13893,"section_number":"51.1-302","catch_line":"Membership in retirement system","url":"\/51.1-302\/","token":"51.1\/3\/51.1-302","metadata":false},"next_section":{"id":74635,"structure_id":13893,"section_number":"51.1-304","catch_line":"Contributions by Commonwealth","url":"\/51.1-304\/","token":"51.1\/3\/51.1-304","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-303\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 779 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 546; in 1974, chapter 484; in 1976, chapter 654; in 1977, chapter 620; in 1986, chapter 474; in 1990, chapter 832; in 1992, chapter 811; in 1994, chapters 821<\/a> and 899<\/a>; in 2000, chapter 911<\/a>; in 2004, chapter 672<\/a>; in 2010, chapters 737<\/a> and 738<\/a>; in 2014, chapter 776<\/a>; in 2023, chapter 346<\/a>.<\/p>","references":[{"id":68180,"section_number":"51.1-301","catch_line":"Definitions","order_by":null,"url":"\/51.1-301\/"}],"refers_to":[{"id":70634,"section_number":"51.1-124.3","catch_line":"Definitions","order_by":null,"url":"\/51.1-124.3\/"},{"id":70735,"section_number":"51.1-142.2","catch_line":"Prior service or membership credit for certain members; service credit for accumulated sick leave","order_by":null,"url":"\/51.1-142.2\/"}],"permalink":{"id":236011,"object_type":"law","relational_id":57472,"identifier":"51.1-303","token":"51.1\/3\/51.1-303","url":"\/51.1-303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-303\/","token":"51.1\/3\/51.1-303","dublin_core":{"Title":"Creditable service","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For those members in service on December 31, 1994, service as a judge<\/span> shall be multiplied by a factor of 3.5, the weighted years of service factor, to calculate years of creditable service<\/span>. To calculate years of creditable service<\/span> for those members appointed or elected to an original term<\/span> commencing on or after January 1, 1995, service as a judge<\/span> shall be multiplied by the weighted years of service factor of 2.5. To calculate years of creditable service<\/span> for those members appointed or elected to an original term<\/span> commencing on or after July 1, 2010, the following formula shall be used: if (i) the member was less than 45 years old at the time he was appointed or elected to such original term<\/span>, then service as a judge<\/span> shall be multiplied by the weighted years of service factor of 1.5, (ii) the member was at least 45 years old but less than 55 years old at the time he was appointed or elected to such original term<\/span>, then service as a judge<\/span> shall be multiplied by the weighted years of service factor of 2.0, and (iii) the member was at least 55 years old at the time he was appointed or elected to such original term<\/span>, then service as a judge<\/span> shall be multiplied by the weighted years of service factor of 2.5. For purposes of this section, “original term<\/span>” means the first term for which the member was appointed or elected to a position covered by the Judicial Retirement System<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Service qualifying for credit under the provisions of the Virginia Retirement System<\/span>, the State Police Officers’ Retirement System<\/span>, and the Virginia Law<\/span> Officers’ Retirement System<\/span> shall be included as creditable service<\/span> for the purposes of this chapter, provided the requirements of those systems for crediting service have been complied with. Service purchased in accordance with the provisions of § 51.1-142.2<\/a> shall not be considered in determining the actuarial equivalent for early retirement nor shall it be considered twice in determining any disability allowance payable under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a member ceases to be a judge<\/span>, has not received a refund of the accumulated contributions credited to his member’s contribution account, and accepts employment in a position covered by a “retirement plan administered by the Virginia Retirement System<\/span>” as defined under § 51.1-124.3<\/a>, he shall be entitled to credit for his previous creditable service<\/span> under this chapter. The amount of service transferred to the credit of the member in such other retirement plan shall not exceed the amount of credit which would provide a benefit of 78 percent of average final compensation determined on the assumption that the member was eligible for normal retirement as of the date of transfer and that he had elected no optional allowance. Future retirement rights shall be as provided under the applicable retirement plan. However, the annual retirement allowance payable to such person accepting employment in a position covered by any other retirement plan administered by the Virginia Retirement System<\/span> shall not exceed 78 percent of the person’s average final compensation, unless the person has been credited with five or more years of creditable service<\/span> under such other retirement plan for service performed after ceasing to be a judge<\/span>. In no case shall the annual retirement allowance payable to such person exceed 100 percent of his average final compensation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> There shall be subtracted from any creditable service<\/span> the entire amount of time during which a judge<\/span> is absent from his duties for a period of greater than three months, unless that absence is due to a medical condition, disability, active duty military leave, or family emergency and the existence of the medical condition, disability, active duty military leave, or family emergency is documented in a written communication signed under penalty<\/span> of perjury<\/span> by the judge<\/span> or other authorized representative and submitted promptly to the Virginia Retirement System<\/span> and the Executive Secretary of the Supreme Court<\/span> of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREDITABLE SERVICE (\u00a7 51.1-303)\n\nA. For those members in service on December 31, 1994, service as a judge shall\nbe multiplied by a factor of 3.5, the weighted years of service factor, to\ncalculate years of creditable service. To calculate years of creditable service\nfor those members appointed or elected to an original term commencing on or\nafter January 1, 1995, service as a judge shall be multiplied by the weighted\nyears of service factor of 2.5. To calculate years of creditable service for\nthose members appointed or elected to an original term commencing on or after\nJuly 1, 2010, the following formula shall be used: if (i) the member was less\nthan 45 years old at the time he was appointed or elected to such original term,\nthen service as a judge shall be multiplied by the weighted years of service\nfactor of 1.5, (ii) the member was at least 45 years old but less than 55 years\nold at the time he was appointed or elected to such original term, then service\nas a judge shall be multiplied by the weighted years of service factor of 2.0,\nand (iii) the member was at least 55 years old at the time he was appointed or\nelected to such original term, then service as a judge shall be multiplied by\nthe weighted years of service factor of 2.5. For purposes of this section,\n“original term” means the first term for which the member was\nappointed or elected to a position covered by the Judicial Retirement System.\n\nB. Service qualifying for credit under the provisions of the Virginia Retirement\nSystem, the State Police Officers’ Retirement System, and the Virginia Law\nOfficers’ Retirement System shall be included as creditable service for\nthe purposes of this chapter, provided the requirements of those systems for\ncrediting service have been complied with. Service purchased in accordance with\nthe provisions of § 51.1-142.2 shall not be considered in determining the\nactuarial equivalent for early retirement nor shall it be considered twice in\ndetermining any disability allowance payable under this chapter.\n\nC. If a member ceases to be a judge, has not received a refund of the\naccumulated contributions credited to his member’s contribution account,\nand accepts employment in a position covered by a “retirement plan\nadministered by the Virginia Retirement System” as defined under §\n51.1-124.3, he shall be entitled to credit for his previous creditable service\nunder this chapter. The amount of service transferred to the credit of the\nmember in such other retirement plan shall not exceed the amount of credit which\nwould provide a benefit of 78 percent of average final compensation determined\non the assumption that the member was eligible for normal retirement as of the\ndate of transfer and that he had elected no optional allowance. Future\nretirement rights shall be as provided under the applicable retirement plan.\nHowever, the annual retirement allowance payable to such person accepting\nemployment in a position covered by any other retirement plan administered by\nthe Virginia Retirement System shall not exceed 78 percent of the person’s\naverage final compensation, unless the person has been credited with five or\nmore years of creditable service under such other retirement plan for service\nperformed after ceasing to be a judge. In no case shall the annual retirement\nallowance payable to such person exceed 100 percent of his average final\ncompensation.\n\nD. There shall be subtracted from any creditable service the entire amount of\ntime during which a judge is absent from his duties for a period of greater than\nthree months, unless that absence is due to a medical condition, disability,\nactive duty military leave, or family emergency and the existence of the medical\ncondition, disability, active duty military leave, or family emergency is\ndocumented in a written communication signed under penalty of perjury by the\njudge or other authorized representative and submitted promptly to the Virginia\nRetirement System and the Executive Secretary of the Supreme Court of Virginia.\n\nHISTORY: 1970, c. 779, \u00a7 51-163; 1973, c. 546; 1974, c. 484; 1976, c. 654;\n1977, c. 620; 1986, c. 474; 1990, c. 832; 1992, c. 811; 1994, cc. 821, 899;\n2000, c. 911; 2004, c. 672; 2010, cc. 737, 738; 2014, c. 776; 2023, c. 346.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}